[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31278-31279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13906]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2019-0187; FRL-9995-88-Region 3]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; West Virginia; Control of Emissions From 
Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a Clean Air Act (CAA) section 111(d) plan submitted by the West 
Virginia Department of Environmental Protection (WVDEP). This plan was 
submitted to fulfill the requirements of the CAA and in response to the 
EPA's promulgation of Emissions Guidelines and Compliance Times for 
municipal solid waste (MSW) landfills. The West Virginia plan 
establishes emission limits for existing MSW landfills, and provides 
for the implementation and enforcement of those limits.

DATES: Written comments must be received on or before July 31, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0187 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, Permits Branch (3AD10), 
Air and Radiation Division, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The 
telephone number is (215) 814-2039. Mr. Gordon can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 29, 2016, the EPA finalized Standards of Performance for 
MSW landfills and Emission Guidelines and Compliance Times for MSW 
Landfills in 40 CFR part 60 subpart XXX and Cf. 81 FR 59332 and 81 FR 
59313, respectively. These actions were taken under section 111 of the 
CAA.
    Section 111(d) of the CAA requires the EPA to establish a procedure 
for a state to submit a plan to the EPA which establishes standards of 
performance for any air pollutant: (1) For which air quality criteria 
have not been issued or which is not included on a list published under 
CAA section 108 or emitted from a source category which is regulated 
under CAA section 112 but; (2) to which a standard of performance under 
CAA section 111 would apply if such existing source were a new source. 
The EPA established these requirements for state plan submittal in 40 
CFR part 60, subpart B. State submittals under CAA sections 111(d) must 
be consistent with the relevant emission guidelines, in this instance 
40 CFR part 60, subpart Cf, and the requirements of 40 CFR part 60, 
subpart B and part 62, subpart A.
    On September 13, 2018, the West Virginia Department of 
Environmental Protection (WVDEP) submitted to the EPA a formal section 
111(d) for existing municipal solid waste landfills. The submitted 
section 111(d) was in response to the August 29, 2016 promulgation of 
Federal New Source Performance Standards (NSPS) and emission guidelines 
requirements for MSW landfills, 40 CFR part 60, subparts XXX and Cf, 
respectively (76 FR 15372).

II. Summary of SIP Revision and EPA Analysis

    The EPA has reviewed the West Virginia section 111(d) plan 
submittal in the context of the requirements of 40 CFR part 60, 
subparts B and Cf, and part 62, subpart A. In this action, the EPA is 
proposing to determine that the submitted section 111(d) plan meets the 
above-cited requirements. Included within the section 111(d) plan are 
regulations under the West Virginia

[[Page 31279]]

Code, specifically, West Virginia legislative rule 45 C.S.R. 23, 
entitled ``Control of Air Pollution from Municipal Solid Waste 
Landfills.'' In this action the EPA is proposing to incorporate by 
reference (IBR) West Virginia legislative rule 45 C.S.R. 23, which 
became effective in the State of West Virginia on June 1, 2018. A 
detailed explanation of the rationale behind this proposed approval is 
available in the Technical Support Document (TSD).

III. Proposed Action

    The EPA is proposing to approve the West Virginia section 111(d) 
plan for MSW landfills submitted pursuant to 40 CFR part 60, subpart 
Cf. Therefore, the EPA is proposing to amend 40 CFR part 62, subpart XX 
to reflect this action. This approval is based on the rationale 
previously discussed and in further detail in the TSD associated with 
this action. The scope of the proposed approval of the section 111(d) 
plan is limited to the provisions of 40 CFR parts 60 and 62 for 
existing MSW landfills, as referenced in the emission guidelines, 
subpart Cf.
    The EPA Administrator continues to retain authority for approval of 
alternative methods to determine the nonmethane organic compound 
concentration or a site-specific methane generation rate constant (k), 
as stipulated in 40 CFR 60.30f(c), as well as section 4.8.b, 
``Implementation of Emission Guidelines for Existing MSW Landfills,'' 
of West Virginia's 111(d) plan submittal.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference of the 
state plan. In accordance with requirements of 1 CFR 51.5, the EPA is 
proposing to incorporate by reference WVDEP rules regarding MSW 
landfills discussed in section II of this preamble. The EPA has made, 
and will continue to make, these materials generally available through 
the docket for this action, EPA-R03-OAR-2019-0187, at https://www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    In reviewing state plan submissions, the EPA's role is to approve 
state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because this action is not significant under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed approval of West Virginia's state plan 
submittal for existing MSW landfills does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the state plan is not approved to apply in Indian country 
located in the state, and the EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Landfills, 
Incorporation by reference, Intergovernmental relations, Methane, 
Ozone, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 20, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-13906 Filed 6-28-19; 8:45 am]
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